Bauer v. Albemarle Corp.

• Decision Date: 15 March 1999
• Docket Number: No. 97-30595,97-30595
• Citation: 169 F.3d 962
• Parties: 79 Fair Empl.Prac.Cas. (BNA) 917, 75 Empl. Prac. Dec. P 45,812 Beverly BAUER, Plaintiff-Appellant, v. ALBEMARLE CORPORATION, Defendant-Appellee.
• Court: U.S. Court of Appeals — Fifth Circuit

Page 962

169 F.3d 962

79 Fair Empl.Prac.Cas. (BNA) 917,

75 Empl. Prac. Dec. P 45,812

Beverly BAUER, Plaintiff-Appellant, v. ALBEMARLE CORPORATION, Defendant-Appellee.

No. 97-30595.

United States Court of Appeals, Fifth Circuit.

March 15, 1999.

Pamela Harris Van Buren, Baton Rouge, LA, for Plaintifff-Appellant.

G. Michael Pharis, Edwin W. Fleshman, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for Defendant-Appellee.

Appeal from the United States District Court for the Middle District of Louisiana.

Before HIGGINBOTHAM, PARKER and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Background

Beverly Bauer, the plaintiff/appellant, filed suit against Albemarle Corporation alleging discrimination on the basis of her age in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and on the basis of her gender in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e et seq.

Mrs. Bauer ¹ began working for Ethyl Corporation as a research chemist in 1981. Ethyl's Chemicals Group was reorganized in 1994 as Albemarle Corporation, a separate corporate entity. In 1993, prior to this reorganization, Mrs. Bauer was informed that her position would be eliminated as part of a reduction in force (RIF) designed to coincide with the spin-off of Albemarle. Mrs. Bauer subsequently learned that she was not terminated as part of the 1993 RIF but she was reassigned to another position. Her new position involved comparable duties and the same pay, with a lower maximum salary than her former job.

Dennis Bauer, Beverly's husband, was also employed by Albemarle. On February 1, 1995, Mr. Bauer was terminated for poor job performance. Mr. Bauer attempted to remove several documents from his office when he departed but his supervisor demanded that the documents remain on the premises. As a result of Mr. Bauer's actions, his office was searched. The search revealed information concerning Mr. Bauer's involvement with two businesses, Catherx Pharmaceuticals, Inc. (Catherx) and Saratoga Chemicals, Inc. (Saratoga). Mr. Bauer's involvement with Catherx and Saratoga was a violation of company policy, as the companies competed with Albemarle. Albemarle then filed suit against Mr. Bauer, alleging unfair trade practices because he divulged or intended to divulge its trade secrets to competing companies. In addition, Mrs. Bauer was immediately suspended because of the investigation into her husband's wrongdoing.

Mrs. Bauer was fired on February 21, 1995, after Albemarle determined that she knew of her husband's outside activities but failed to disclose this information, a violation of the conflict of interest and confidentiality agreements she signed with Albemarle. Albemarle also suspected that Mrs. Bauer was directly involved with Catherx and Saratoga. These suspicions were heightened when Albemarle discovered that Mrs. Bauer had downloaded information onto her computer about one of the drugs it manufactured that was also of interest to Catherx.

At the time of her termination, Mrs. Bauer was forty-five years old. Because Mrs. Bauer was older than forty, she was within the class of individuals protected by the ADEA. 29 U.S.C. § 631(a). During Albemarle's suit against her husband, Mrs. Bauer attempted to negotiate a settlement with Albemarle because of her discharge. When settlement efforts failed, Mrs. Bauer lodged a complaint with the Equal Employment Opportunity Commission based on age and gender discrimination before filing this suit.

Albemarle objected to many of Mrs. Bauer's discovery requests. Albemarle's refusal to comply prompted a motion to compel which was granted, in part, by a magistrate. While the magistrate ruled that Mrs. Bauer was not entitled to discover statistical evidence related to the 1993 RIF, he directed Albemarle to provide certain information, including specific facts of Mrs. Bauer's wrongdoing. Albemarle responded to part of the discovery request but sought clarification regarding portions of the magistrate's order. Albemarle also filed a motion for summary judgment which the district court granted. At the time summary judgment was granted, discovery was still ongoing.

Standard of Review

This court reviews a district court's grant of summary judgment de novo, applying the same standard as the district court. Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 725 (5th Cir.1995). Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Questions of fact are viewed in the light most favorable to the nonmovant while questions of law are reviewed de novo. Id.

General Principles

Title VII prohibits an employer from failing or refusing to hire or discharge an individual "because of such individual's race, color, religion, sex, or national origin." 42 U.S.C. § 2000e-2(a)(1). The ADEA proscribes similar treatment on the basis of age. 29 U.S.C. § 623(a)(1). The same evidentiary procedure for allocating burdens of production and proof applies to discrimination claims under both statutes. Meinecke v. H & R Block, 66 F.3d 77, 83 (5th Cir.1995) (per curiam). Initially, the plaintiff must establish a prima facie case of discrimination. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973). To establish this prima facie case under Title VII, the plaintiff must prove that she is a member of a protected class, she was qualified for the position that she held, she was discharged, and after her discharge was replaced with a person who is not a member of the protected class. Meinecke, 66 F.3d at 83 (citation omitted). When the employer does not plan to replace the discharged plaintiff, the fourth element is "that after [the] discharge others who were not members of the protected class remained in similar positions." Vaughn v. Edel, 918 F.2d 517, 521 (5th Cir.1990). The first three elements of a prima facie case of age discrimination under the AEDA and gender discrimination under Title VII are identical. Bodenheimer v. PPG Indus., Inc., 5 F.3d 955, 957 (5th Cir.1993). For the fourth element in an age discrimination case, the plaintiff must show that "[s]he was either i) replaced by someone outside the protected class, ii) replaced by someone younger, or iii) otherwise discharged because of [her] age." Id. The third alternative of this last element applies in circumstances where the plaintiff is not replaced. See Armendariz v. Pinkerton Tobacco Co., 58 F.3d 144, 150 (5th Cir.1995), cert. denied, 516 U.S. 1047, 116 S.Ct. 709, 133 L.Ed.2d 664 (1996).

Establishing a prima facie case creates a presumption that the employer unlawfully discriminated against the employee. St. Mary's Honor Center v. Hicks, 509 U.S. 502, 525, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993); Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 254, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981); Rhodes v. Guiberson Oil Tools, 75 F.3d 989, 992 (5th Cir.1996) (en banc). This presumption places on the defendant the burden of producing evidence that the challenged employment action was taken for a legitimate, nondiscriminatory reason. Hicks, 509 U.S. at 507, 113 S.Ct. 2742, 125 L.Ed.2d 407; Burdine, 450 U.S. at 254, 101 S.Ct. 1089, 67 L.Ed.2d 207; Rhodes, 75 F.3d at 992-93. The defendant must clearly set forth, through the introduction of admissible evidence, reasons for its actions which, "if believed by the trier of fact," would support a finding that unlawful discrimination was not the cause of the employment action. Hicks, 509 U.S. at 507, 113 S.Ct. 2742, 125 L.Ed.2d 407; Burdine, 450 U.S. at 254-55, 101 S.Ct. 1089, 67 L.Ed.2d 207; Rhodes, 75 F.3d at 993.

If the defendant succeeds in carrying its burden of production, the presumption, having fulfilled its role of forcing the defendant to come forward with some response, simply drops out of the picture, and the trier of fact proceeds to decide the ultimate question of whether the plaintiff has proved that the defendant intentionally discriminated against her. Hicks, 509 U.S. at 511, 113 S.Ct. 2742, 125 L.Ed.2d 407; Burdine, 450 U.S. at 253, 101 S.Ct. 1089, 67 L.Ed.2d 207; Rhodes, 75 F.3d at 993. The plaintiff now must have " 'the full and fair opportunity to demonstrate,' through presentation of [her] own case and through cross-examination of the defendant's witnesses, 'that the proffered reason was not the true reason for the employment decision' ", and that unlawful discrimination was. Hicks, 509 U.S. at 507-08, 113 S.Ct. 2742, 125 L.Ed.2d 407 (quoting Burdine, 450 U.S. at 256, 101 S.Ct. 1089, 67 L.Ed.2d 207); see Rhodes, 75 F.3d at 993.

Discussion

Because the facts underlying Mrs. Bauer's ADEA and Title VII claims are the same and the two claims involve similar evidentiary burdens, these claims will be addressed together. Meinecke, 66 F.3d at 83. Only a minimal showing is necessary to meet this burden. Nichols v. Loral Vought Systems Corp., 81 F.3d 38, 41 (5th Cir.1996). At the time of her discharge, Mrs. Bauer was a member of two protected classes (she was over forty years of age and female) and she was adversely affected by Albemarle's decision. We see no error in the district court's decision that Mrs. Bauer had established her prima facie cases.

The next issue is whether Albemarle presented a legitimate non-discriminatory reason for discharging Mrs. Bauer. During its investigation of Mr. Bauer, Albemarle discovered that Mrs. Bauer was aware of her husband's involvement with Catherx and Saratoga, two companies which competed with Albemarle. For example, Mrs. Bauer was present at two lunch meetings when the activities of Catherx were discussed, so she understood the nature of Catherx's business. She also knew that funds from the joint checking account she shared with Mr. Bauer helped finance Catherx. Mrs. Bauer downloaded data on her computer dealing with a drug manufactured by Albemarle that was of interest to Catherx. Although s...